
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 14USC92]

 
                          TITLE 14--COAST GUARD
 
                       PART I--REGULAR COAST GUARD
 
                     CHAPTER 5--FUNCTIONS AND POWERS
 
Sec. 92. Secretary; general powers

    For the purpose of executing the duties and functions of the Coast 
Guard the Secretary may within the limits of appropriations made 
therefor:
        (a) establish, change the limits of, consolidate, discontinue, 
    and re-establish Coast Guard districts;
        (b) arrange with the Secretaries of the Army, Navy and Air Force 
    to assign members of the Coast Guard to any school maintained by the 
    Army, Navy, and Air Force, for instruction and training, including 
    aviation schools;
        (c) construct, or cause to be constructed, Coast Guard shore 
    establishments;
        (d) design or cause to be designed, cause to be constructed, 
    accept as gift, or otherwise acquire vessels, and subject to 
    applicable regulations under the Federal Property and Administrative 
    Services Act of 1949 (40 U.S.C. 471 et seq.) dispose of them;
        [(e) Repealed. Oct. 31, 1951, ch. 654, Sec. 1(32), 65 Stat. 702]
        (f) acquire land or interests in land, including acceptance of 
    gifts thereof, where required for the purpose of carrying out any 
    project or purpose for which an appropriation has been made;
        (g) exchange land or interests in land in part or in full 
    payment for such other land or interests in land as may be necessary 
    or desirable, the balance of such part payment to be defrayable in 
    accordance with other provisions of this section;
        (h) exercise any of the powers vested by this title in the 
    Commandant in any case in which the Secretary deems it appropriate; 
    and
        (i) do any and all things necessary to carry out the purposes of 
    this title.

(Aug. 4, 1949, ch. 393, 63 Stat. 503; Oct. 31, 1951, ch. 654, 
Secs. 1(32), 2(9), 3(3), 65 Stat. 702, 707, 708; Pub. L. 97-295, 
Sec. 2(4), Oct. 12, 1982, 96 Stat. 1301; Pub. L. 98-557, 
Sec. 15(a)(3)(D), Oct. 30, 1984, 98 Stat. 2865.)


                      Historical and Revision Notes

    This section grants broad general powers concerning policy matters 
to the Secretary. Many of the powers are contained in existing law but 
some are enlarged and some additional powers are added as explained 
following.
    Subsection (a) is based on title 14, U.S.C., 1946 ed., Sec. 95 (Aug. 
29, 1916, ch. 417, 39 Stat. 601). Said section has been divided. The 
provision authorizing the Secretary to man stations seems more 
appropriately given to the operational head of the Service, the 
Commandant, and for that reason is incorporated in section 93(c) of this 
title.
    Subsection (b) is based on title 14, U.S.C., 1946 ed., Secs. 28, 42 
(Aug. 16, 1916, ch. 417, 39 Stat. 601; July 3, 1926, ch. 742, Sec. 11, 
44 Stat. 817). These sections were rewritten in order to broaden 
existing authority in regard to the training of Coast Guard personnel at 
schools of the other armed forces, thus approaching a practice of war 
time, and making for economy in the training of Service personnel; such 
training would be on a basis mutually satisfactory to the Secretaries 
involved.
    Subsection (c) is based on R.S. 4242 and on title 14, U.S.C., 1946 
ed., Secs. 29, 93, 94, 98a (R.S. 4245, 4249; May 4, 1882, ch. 117, 
Sec. 2, 22 Stat. 56; Aug. 29, 1916, ch. 417, 39 Stat. 601; June 6, 1940, 
ch. 257, Sec. 4, 54 Stat. 247; Aug. 6, 1947, ch. 502, 61 Stat. 786). 
This subsection broadens existing law in that it provides general 
legislative authority for the construction and disposal of shore 
establishments of all types including aviation stations.
    Subsection (d) is based in part on title 14, U.S.C., 1946 ed., 
Secs. 55, 57, 69, 109, and in part on title 31, U.S.C., 1946 ed., 
Secs. 487, 720, (R.S. 2748, 3618, 3692; June 18, 1878, ch. 265, Sec. 3, 
20 Stat. 163; Aug. 29, 1916, ch. 417, 39 Stat. 601). This subsection 
broadens existing law in that it provides general legislative authority 
for the design, construction, acquisition by other means, and disposal 
of vessels.
    Subsection (e) is new. It is derived from title 14, U.S.C., 1946 
ed., Sec. 31b (June 6, 1941, ch. 177, 55 Stat. 247 [which was originally 
repealed by act June 30, 1949, ch. 288, title VI, Sec. 602(a)(28), 63 
Stat. 399, renumbered Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 
583]) which provides for the exchange of vehicles, planes, and engines; 
similar authority in relation to vessels, is granted to the Secretary by 
this subsection and should prove advantageous to the Government.
    Subsection (f) is based on title 14, U.S.C., 1946 ed., Sec. 96 and 
on title 33, U.S.C., 1946 ed., Secs. 729, 730, 731 (Mar. 3, 1875, ch. 
130, Sec. 1, 18 Stat. 372; Mar. 4, 1909, ch. 299, 35 Stat. 972; June 17, 
1910, ch. 301, Sec. 9, 36 Stat. 538; Mar. 4, 1913, ch. 168, 37 Stat. 
1018). This subsection broadens the power of the Secretary to receive as 
a gift or purchase sites for stations, to include the acquisition of 
land by any means provided it is for the purpose of executing duties and 
functions of the Coast Guard.
    Subsection (g) is based in part on title 33, U.S.C., 1946 ed., 
Sec. 732 (Aug. 28, 1916, ch. 414, Sec. 2, 39 Stat. 538; July 11, 1941, 
ch. 290, Sec. 1, 55 Stat. 584) and grants authority to the Secretary to 
exchange interests in land as payment or part payment for other 
interests in land for the purpose of executing the duties and functions 
of the Coast Guard; this authority, on the basis of past experience, 
will prove advantageous to the Government.
    Subsection (h) is new and merely insures that the Secretary may 
exercise any of the powers granted to the Commandant in this title.
    Subsection (i) is based in part on title 14, U.S.C., 1946 ed., 
Secs. 51, 131 (R.S. 2756, 2758) and insures that the Secretary may do 
anything necessary to carry out the purposes of this title.
    Changes were made in phraseology. 81st Congress, House Report No. 
557.

                       References in Text

    The Federal Property and Administrative Services Act of 1949, 
referred to in subsec. (d), is act June 30, 1949, ch. 288, 63 Stat. 377, 
as amended. Provisions of that act relating to disposal of government 
property are classified to chapter 10 (Sec. 471 et seq.) of Title 40, 
Public Buildings, Property, and Works. For complete classification of 
this Act to the Code, see Short Title note set out under section 471 of 
Title 40, and Tables.


                               Amendments

    1984--Subsec. (b). Pub. L. 98-557 substituted reference to members 
for reference to officers and enlisted men.
    1982--Subsec. (d). Pub. L. 97-295 substituted ``(40 U.S.C. 471 et 
seq.)'' for ``, as amended,'' after ``Act of 1949''.
    1951--Subsec. (c). Act Oct. 31, 1951, Sec. 3(3), struck out 
provision relating to sale or other disposition of unsuitable or 
unserviceable shore establishments, and disposition of the net monies 
received therefrom.
    Subsec. (d). Act Oct. 31, 1951, Sec. 2(9), inserted reference to 
applicable regulations of the Federal Property and Administrative 
Services Act of 1949, as amended, and struck out requirement that net 
monies received from the disposition of vessels be covered into the 
Treasury.
    Subsec. (e). Act Oct. 31, 1951, Sec. 1(32), repealed subsec. (e) 
which empowered the Secretary to exchange vessels and parts thereof in 
part payment for new vessels.


 Purchase of American-Made Equipment and Products; Notice to Recipients 
                              of Assistance

    Pub. L. 104-324, title XI, Sec. 1127, Oct. 19, 1996, 110 Stat. 3983, 
provided that:
    ``(a) Purchase of American-Made Equipment and Products.--It is the 
sense of the Congress that, to the greatest extent practicable, all 
equipment and products purchased with funds made available under this 
Act [see Tables for classification] should be American-made.
    ``(b) Notice to Recipients of Assistance.--In providing financial 
assistance under this Act, the official responsible for providing the 
assistance, to the greatest extent practicable, shall provide to each 
recipient of the assistance a notice describing the statement made in 
subsection (a) by the Congress.''


                        Coast Guard Vessel Design

    Pub. L. 101-380, title IV, Sec. 4203, Aug. 18, 1990, 104 Stat. 532, 
provided that: ``The Secretary shall ensure that vessels designed and 
constructed to replace Coast Guard buoy tenders are equipped with oil 
skimming systems that are readily available and operable, and that 
complement the primary mission of servicing aids to navigation.''


 Authorization of Junior Reserve Officers Training Program Pilot Program

    Pub. L. 101-225, title II, Sec. 204, Dec. 12, 1989, 103 Stat. 1911, 
provided that:
    ``(a) In General.--The Secretary of the department in which the 
Coast Guard is operating (hereinafter in this section referred to as the 
`Secretary') may carry out a pilot program to establish and maintain a 
junior reserve officers training program in cooperation with the Dade 
County Public School System of Dade County, Florida, as part of the 
Maritime and Science Technology Academy established by that school 
system (hereinafter in this section referred to as the `Academy').
    ``(b) Program Requirements.--A pilot program carried out by the 
Secretary under this section--
        ``(1) shall be known as the `Claude Pepper Junior Reserve 
    Officers Training Program', and
        ``(2) shall provide to students at the Academy--
            ``(A) instruction in subject areas relating to operations of 
        the Coast Guard; and
            ``(B) training in skills which are useful and appropriate 
        for a career in the Coast Guard.
    ``(c) Provision of Additional Support.--To carry out a pilot program 
under this section, the Secretary may provide to the Academy--
        ``(1) assistance in course development, instruction, and other 
    support activities;
        ``(2) commissioned, warrant, and petty officers of the Coast 
    Guard to serve as administrators and instructors; and
        ``(3) necessary and appropriate course materials, equipment, and 
    uniforms.
    ``(d) Employment of Retired Coast Guard Personnel.--
        ``(1) In general.--Subject to paragraph (2) of this subsection, 
    the Secretary may authorize the Academy to employ as administrators 
    and instructors for the pilot program retired Coast Guard and Coast 
    Guard Reserve commissioned, warrant, and petty officers who request 
    that employment and who are approved by the Secretary and the 
    Academy.
        ``(2) Authorized pay.--(A) Retired members employed under 
    paragraph (1) of this subsection are entitled to receive their 
    retired or retainer pay and an additional amount of not more than 
    the difference between--
            ``(i) the amount the individual would be paid as pay and 
        allowance if they were considered to have been ordered to active 
        duty during that period of employment; and
            ``(ii) the amount of retired pay the individual is entitled 
        to receive during that period.
        ``(B) The Secretary shall pay to the Academy an amount equal to 
    one half of the amount described in subparagraph (A) of this 
    paragraph, from funds appropriated for that purpose.
        ``(C) Notwithstanding any other law, while employed under this 
    subsection, an individual is not considered to be on active duty or 
    inactive duty training.''


            Consideration of Maritime Administration Vessels

    Pub. L. 101-225, title II, Sec. 213, Dec. 12, 1989, 103 Stat. 1914, 
provided that: ``Before acquiring a vessel for use by the Coast Guard, 
the Secretary of Transportation or the Commandant of the Coast Guard, as 
appropriate, shall review the inventory of vessels acquired by the 
Secretary or the Secretary of Commerce as the result of a default under 
title XI of the Merchant Marine Act, 1936 (46 App. U.S.C. 1271-1279c), 
to determine whether any of those vessels are suitable for use by the 
Coast Guard.''


                Lifesaving Equipment on Passenger Ferries

    Section 10 of Pub. L. 98-557 provided that: ``The Secretary of the 
department in which the Coast Guard is operating shall proceed 
vigorously with efforts to develop improved lifesaving equipment for use 
on passenger ferries.''


    Leasing of Existing Housing for Assignment as Public Quarters to 
                    Military Personnel and Dependents

    Pub. L. 89-381, Sec. 2, Mar. 30, 1966, 80 Stat. 97, during fiscal 
years 1967 through and including 1968, authorized the Secretary of the 
Department in which the Coast Guard was operating to lease existing 
housing facilities at or near Coast Guard installations in the United 
States and Puerto Rico for assignment as public quarters to military 
personnel and their dependents.


                                Aircraft

    Provisions specifying the maximum number of aircraft on hand at any 
one time, exclusive of planes and parts stored to meet future attrition, 
were contained in the following appropriation acts:
    Pub. L. 105-66, title I, Oct. 27, 1997, 111 Stat. 1426.
    Pub. L. 104-205, title I, Sept. 30, 1996, 110 Stat. 2953.
    Pub. L. 104-50, title I, Nov. 15, 1995, 109 Stat. 438.
    Pub. L. 103-331, title I, Sept. 30, 1994, 108 Stat. 2473.
    Pub. L. 103-122, title I, Oct. 27, 1993, 107 Stat. 1201.
    Pub. L. 102-388, title I, Oct. 6, 1992, 106 Stat. 1523.
    Pub. L. 102-143, title I, Oct. 28, 1991, 105 Stat. 920.
    Pub. L. 101-516, title I, Nov. 5, 1990, 104 Stat. 2158.
    Pub. L. 101-164, title I, Nov. 21, 1989, 103 Stat. 1071.
    Pub. L. 100-457, title I, Sept. 30, 1988, 102 Stat. 2126.
    Pub. L. 100-202, Sec. 101(l) [title I], Dec. 22, 1987, 101 Stat. 
1329-358, 1329-359.
    Pub. L. 99-500, Sec. 101(l) [H.R. 5205, title I], Oct. 18, 1986, 100 
Stat. 1783-308, and Pub. L. 99-591, Sec. 101(l), Oct. 30, 1986, 100 
Stat. 3341-308.
    Pub. L. 99-190, Sec. 101(e) [title I], Dec. 19, 1985, 99 Stat. 1267, 
1269.
    Pub. L. 98-473, title I, Sec. 101(i) [title I], Oct. 12, 1984, 98 
Stat. 1944, 1945.
    Pub. L. 98-78, title I, Aug. 15, 1983, 97 Stat. 454.
    Pub. L. 97-369, title I, Dec. 18, 1982, 96 Stat. 1766.
    Pub. L. 97-102, title I, Dec. 23, 1981, 95 Stat. 1443.
    Pub. L. 96-400, title I, Oct. 9, 1980, 94 Stat. 1681.
    Pub. L. 96-131, title I, Nov. 30, 1979, 93 Stat. 1023.
    Pub. L. 95-335, title I, Aug. 4, 1978, 92 Stat. 435.
    Pub. L. 95-85, title I, Aug. 2, 1977, 91 Stat. 402.
    Pub. L. 94-387, title I, Aug. 14, 1976, 90 Stat. 1172.
    Pub. L. 94-134, title I, Nov. 24, 1975, 89 Stat. 696.
    Pub. L. 93-391, title I, Aug. 28, 1974, 88 Stat. 769.
    Pub. L. 93-98, title I, Aug. 16, 1973, 87 Stat. 330.
    Pub. L. 93-398, title I, Aug. 22, 1972, 86 Stat. 581.
    Pub. L. 92-74, title I, Aug. 10, 1971, 85 Stat. 202.
    Pub. L. 91-168, title I, Dec. 26, 1969, 83 Stat. 454.
    Pub. L. 90-464, title I, Aug. 8, 1968, 82 Stat. 654.
    Pub. L. 90-112, title II, Oct. 23, 1967, 81 Stat. 312.
    Pub. L. 89-474, title I, June 29, 1966, 80 Stat. 223.
    Pub. L. 89-57, title I, June 30, 1965, 79 Stat. 197.
    Pub. L. 88-392, title I, Aug. 1, 1964, 78 Stat. 369.
    Pub. L. 88-39, title I, June 13, 1963, 77 Stat. 59.
    Pub. L. 87-575, title I, Aug. 6, 1962, 76 Stat. 311.
    Pub. L. 87-159, title I, Aug. 21, 1961, 75 Stat. 395.
    Pub. L. 86-561, title I, June 30, 1960, 74 Stat. 285.
    Pub. L. 86-39, title I, June 11, 1959, 73 Stat. 67.
    Pub. L. 85-354, title I, Mar. 28, 1958, 72 Stat. 62.
    Pub. L. 85-37, title I, May 27, 1957, 71 Stat. 37.
    Apr. 2, 1956, ch. 161, title I, 70 Stat. 93.
    June 1, 1955, ch. 113, title I, 69 Stat. 74.
    May 28, 1954, ch. 242, title I, 68 Stat. 146.
    June 18, 1953, ch. 132, title I, 67 Stat. 69.
    June 30, 1952, ch. 523, title I, 66 Stat. 291.
    Aug. 11, 1951, ch. 301, title I, 65 Stat. 185.
    Sept. 6, 1950, ch. 896, Ch. IV, title I, 64 Stat. 639.
    June 30, 1949, ch. 286, title I, 63 Stat. 367.
    June 19, 1948, ch. 558, title I, 62 Stat. 563.
    July 1, 1947, ch. 186, title I, 61 Stat. 227.
    July 12, 1946, ch. 569, Sec. 1, 60 Stat. 531.


   Appropriation Authorization for Construction of Shore or Offshore 
        Establishments or for Procurement of Vessels or Aircraft

    Pub. L. 88-45, Sec. 1, June 21, 1963, 77 Stat. 68, provided that 
after fiscal year 1964, funds could not be appropriated to or for the 
use of the Coast Guard for the construction of shore or offshore 
establishments, or for the procurement of vessels or aircraft, unless 
the appropriation of such funds had been authorized by legislation 
enacted after Dec. 31, 1963, prior to repeal by Pub. L. 99-640, 
Sec. 10(a)(9), Nov. 10, 1986, 100 Stat. 3549.
